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Rule 10. Family Conciliation Court

Arizona Revised Statutes AnnotatedLocal Rules of Practice Superior CourtEffective: December 9, 2020

Arizona Revised Statutes Annotated
Local Rules of Practice Superior Court (Refs & Annos)
Cochise County (Refs & Annos)
B. Special Court Proceedings and Procedures
Effective: December 9, 2020
17C A.R.S. Super.Ct.Local Prac.Rules, Cochise County, Rule 10
Rule 10. Family Conciliation Court
(a) Establishment. A Family Conciliation Court with mediation services is hereby established by authority of A.R.S. § 25-381.01, et seq., to provide a means for the reconciliation of spouses, the amicable settlement of domestic and family controversies, and to protect the rights of children.
(b) Assignment of Judge. The presiding judge shall assign a superior court judge to act as judge of the Family Conciliation Court pursuant to A.R.S. § 25-381.04.
(c) Jurisdiction. The controversies and issues described in A.R.S. §§ 25-381.08, 25-381.09, 25-381.20, and 25-381.22 are subject to conciliation and/or mediation:
(1) Automatically by filing a response in any action for dissolution of marriage, legal separation, annulment or paternity/maternity if there is a child common to the parties whose welfare may be affected by said action, or
(2) By Petition filed with the clerk of the court by a party prior to or after filing any action for dissolution of marriage, legal separation, annulment or paternity/maternity where there is a controversy between them and jurisdiction is not automatic.
(d) Mandatory Hearing or Conference. Where Family Conciliation Court jurisdiction is automatically invoked, the parties are required to attend at least one hearing or conference as set by the family conciliation court judge and may be ordered by the conciliation court judge to attend further hearings or conferences. Exemption from mandatory hearings or conferences may be granted by the conciliation court judge if to do otherwise could cause undue hardship.
(e) Procedure. When jurisdiction is invoked, the clerk of the court shall cause a notice to be made and filed in the case file, in such form approved by the family conciliation court judge, transferring the matter to the Family Conciliation Court. The clerk shall thereafter deliver the case file to the conciliation court judge for further proceedings.
(f) Appointment of Mediator. The family conciliation court judge may appoint a mediator from the conciliation court system or an outside mediator to conduct the hearing/conference set forth in A.R.S. § 25-381.16. The parties may contract with an outside mediator for services in which event they shall be directly responsible for any fee. Where the parties desire to employ an outside mediator but cannot agree on the selection, each party shall submit the names of two qualified persons and the court shall make the appointment.
(g) Notice of Conciliation and Mediation Services. Upon the filing of an action for dissolution of marriage, legal separation, annulment or paternity/maternity, the clerk of the court shall deliver or mail to each of the parties information of conciliation and mediation services provided by the court. Public notice may be given in such form, frequency and manner as approved or directed by the conciliation court judge, of the availability of conciliation and mediation services in any such action and also prior to or without the filing of any action where there is a controversy between spouses which may result in the disruption of a household and there is a minor child whose welfare may be affected thereby.
(h) Coordination with Alternative Dispute Resolution (ADR) Program. The Director of the Conciliation Court is authorized to cooperate with the Director of the ADR Program, as appointed pursuant to Cochise County Local Rule 12.1, in order to facilitate the resolution of disputes other than those dealing with legal decision-making or parenting time.

Credits

Adopted March 10, 1992, effective March 21, 1992. Amended Nov. 17, 2006, effective Jan. 1, 2007; amended effective Dec. 9, 2020.
17C A. R. S. Super. Ct. Local Prac. Rules, Cochise County, Rule 10, AZ ST COCHISE SUPER CT Rule 10
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
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